Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-10-18

TO construe this section III the case of the pe0eis
at relation OF Showers vs. p. B. Taylor reported
IN 81 Cal, at page CD and in that case the
Court held that the failure of party to file his
oath OF Office within ten days after receiving
notice of his election caused vacancy
The same rule would apply to appointments
The facts as to the olhce of Prison Director
claimed 10 be held by Mr.. Boggs are as follows:
de was appointed on January 20. 1853, and was
notified OF his appointment on the same dav
and paid for his commission on March 10. 1883
put ialIed 70 qualify and file his oath of office
until June l9, 1885
Therefore, under the foregoing authorities
and facts, am of the opinion that the failure of
MT Boggs to qualify and fe his oath of office
with the secretary OF State within ten days
aft-r receiving notice of his appointment as
Prison Director, constituted and woI ked a va
cancy in the Office of Prison Director claimed 10
De held by Mr.. Boggs. and that his subsequent
quanhcatlon did not cure the defect People
Vs Taylor, 81 Cal, cd, and that legally said
once has ever since remained vacant. and that
ms Exeellency the Governor has the power and
right to till the vacancy 10 the office of Prison
director Claimed to be held by Mr.. BoggsI
BoGG's SUCCESSOR APPOINTED.
The Prison Directors took the 5 o'clock
Folsom train for the branch prison, where
the regular monthly meeting was held last
night. Before leaving the Governors Office
MIR; Boggs said Governor, if you think,
under the circumstances, l am not legally
Directors, appoint my successor. If you
decide so to act please inform me''
In compliance with this request, Gov
ernor Waterman last evening telegraphed
MIR. Boggs at Folsom, saying that acting
under competent legal advice, be is assured
a vacancy exists in the Board of State
Prison Directors, and in order that the
interests OF the State may not suffer, he
shall Immediately appoint his successor,
and has rendered the appointment to Will
lam L. Coleman, of Sen Francisco.
SHIRLEY MUsT COME TO THE RRoNT.
The Governor will insist, so it is said
on Warden Shrley's appearing before him
and explaining the estimates of which he
Is the Teputed author, together with the
plans and specifications OF the new build
ings for the jute works. He contends that
a man occupying the position that Mr.
Shirley does should be we'll versed in the
details which come under his superintend-
ence, and if not be is thoroughly incompe-
tent for the place. The whole conduct of
the Governor in this matter, he claims, is
based upon his interest in public institu-
tons and the proper conduct of the officers
OF the State, particularly where large sums
OF the peoples money are to be disbursed.
MORE CHARGES.
A special TO the REcoRD-UNIoN from the
Folsom Prison last night says: Director
Filcher, at the meeting OF the Board of
Prison Directors tonight surprised every
body by preferring additional charges
against Warden McComb. and has asked
the Board 10 investigate them. They will
probably not entertain them, as Filcher is
known To be actuated by desire to make
as much trouble as possible during his
two months as Director. His
principal grievance appears to be against
Captains Chambers and Murphy, whom he
accuses of having helped to defeat him for
Railroad Commissioner at the last cleo
ton"